Ordinance 99-19 ORDINANCE NO. 99-19
p~eo8)o AN ORDINANCE AMENDING ORDINANCE NUMBER
~ol3 91-102, THE COLLIER COUNTY LAND DEVELOPMENT
iJ3AI303~t CODE WHICH ESTABLISHED THE COMPREHENSIVE
666[ , ZONING REGULATIONS FOR THE UN1NCORPORATED
i~ AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBER 0608N BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF DAVIS
BOULEVARD (SR-84) AND SANTA BARBARA
BOULEVARD EXTENSION IN SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
FROM "E" ESTATES TO "C-4" GENERAL COMMERCIAL
AND "C-2" COMMERCIAL CONVENIENCE; PROVIDING
FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE
DATE. -'~
WHEREAS, John P. Asher, P.E. of Coastal Engineering Consultants, Inc.i~r~pre.s~..ting>,~-
Gemde M. Abele, petitioned the Board of County Commissioners to chan.~/the ~ning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit
"A", attached hereto and incorporated by reference herein, and located in Section 8, Township 50
South, Range 26 East, Collier County, Florida, is changed from "E' Estates to "C-4" General
Commercial with conditions and the Official Zoning Atlas Map Number 0608N, as described in
Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly.
The herein described real property is the same for which the rezone is hereby approved subject to
the following conditions:
1. The petitioner shall reserve the east 100 feet of the property for future right-of-way for
the extension of Santa Barbara Boulevard. The property shall be dedicated to the County
upon their request in accordance with Section 2.7.2.8.1. and any other applicable sections
of the Land Development Code. Upon dedication of the right-of-way to Collier County,
the petitioner may be eligible to receive impact fee credits.
2. Access to the proposed development shall be in accordance with the Policy for Access
Management for Arterial and Collector Roadways in Collier County, Resolution No. 92-
442, as it may be amended and per the Florida Department of Transportation
requirements.
3. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity any historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
4. The petitioner shall submit an Environmental Impact Statement simultaneously with the
submittal of either a preliminary subdivision plat, minor subdivision or site development
plan, whichever occurs first, as required by Section 3.8.3. of the Collier County Land
Development Code.
5'. An appropriate portion of native vegetation shall be retained on site as required in Section
3.9.5.5.4. of the Collier County Land Development Code.
6. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on areas of retained native vegetation, shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site plan/construction
plan approval.
7. The required landscape buffer adjacent to the west property boundary shall be a minimum
of sixty (60) feet wide and shall incorporate existing native vegetation to the greatest
extent possible. Where the landscape buffer abuts the adjacent property to the west, Tract
"E", the Cypress Preserve area, the required landscape buffer may be reduced to thirty
(30) feet. The landscape buffer adjacent to the western property boundary (other tharl the
area where a thirty (30) foot buffer is permitted) shall be developed with a three (3) foot
high landscaped berm planted with trees a minimum of ten (10) to twelve (12) feet in
height, spaced no more than twenty-five (25) feet on center, and shall be eighty percent
opaque within one (1) year. The top of this berrn shall be developed with a six (6).foot
high masonry wall. The berm/wall combination shall be located as far from the property
line as reasonably possible while remaining totally within the sixty (60) foot wide buffer.
This wall and berm combination shall not be required where the landscape buffer abuts
the adjacent property to the west, Tract "E", the Cypress Preserve area.
8. The list of permitted uses for this District shall be limited as follows:
A. Unless otherwise provided for in this Code, all permitted uses in the C-3,
commercial intermediate district.
B.Auto and Home Supply Stores (5531).
C.Gasoline service stations (no automotive repair, subject to section 2.6.28).
D.Building materials, hardware and garden supplies (groups 5231-5261).
E. Business services (groups 7311-7352 except 7342 and 7349, 7359 except airplane,
industrial truck, portable toilet and oilfield equipment renting and leasing, 7361-
7397 except armored car and dog rental, 7389 except auctioneering, bronzing,
field warehousing, salvaging of damaged merchandise, scrap steel cutting and
solvents recovery).
F.Commercial priming (2752, excluding newspapers).
G.Communications (groups 4812-4841, no communication towers).
H. Eating and drinking establishments (5812, 5813) excluding bottle clubs, fast food
restaurants, drive-in restaurants, grills, hamburger stands, hot dog stands and
industrial feeding. All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational requirements
of section 2.6.10.
I. Engineering, accounting, research, management and related services (groups
8711-8748).
J. Group care facilities (category I and II, except for homeless shelters); care units,
except for homeless sheItch; nursing homes; assisted living facilities pursuant to
400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities
pursuant to 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26.).
K. Health services (groups 8051-8059, 8062-8069, 8071-8072 and 8092-8099).
L. Miscellaneous repair services (groups 7622-7641, 7699 except agricultural
equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith
shops, catchbasin, septic tank and cesspool cleaning, coppersmithing, farm
machinery repair, fire equipment repair, fitmace and chimney cleaning, industrial
truck repair, machinery cleaning, repair of service station equipment, boiler
cleaning, tinsmithing, tractor repair, catchbasin cleaning, engine and automotive
repair and sewer cleaning).
M. Miscellaneous retail (groups 5912-5963, 5992-5999).
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N. Public or private parks and playgrounds.
O. Personal services (groups 7215, 7217, 7219-7261 except crematories and funeral
parlors, 7291-7299).
P. Real estate (group 6512).
Q. Social services (groups 8322-8399, except for homeless shelters and soup
kitchens).
R. Vocational schools (groups 8243-8299).
S. Any other general commercial use which is comparable in nature with the
foregoing uses including buildings for retail, service and office purposes
consistent with the permitted uses and intent and purpose statement of the district.
9. All structures shall be constructed a minimum of 125 feet from the western property
boundary.
10. Building heights shall be a maximum of thirty-five (35) feet.
11. Prior to the issuance of a Certificate of Occupancy for any structure built on the property,
the petitioner shall, at his own expense, construct a temporary driveway to County
standards, on the subject site within the east 100 feet of the property. This driveway ~hall
be constructed from the intersection of Davis Boulevard along the site' s eastern property
boundary and shall provide access to the property. Upon the County's request, the
petitioner shall remove the driveway at his expense.
SECTION TWO:
The zoning classification of the real property as more particularly described by Exhibit
"B", attached hereto and incorporated by reference herein, and located in Section 8, Township 50
South, Range 26 East, Collier County, Florida, is changed from "E" Estates to "C-2"
Commercial Convenience with conditions and the Official Zoning Atlas Map Number 0608N, as
described in Ordinance 91-102, the Collier County Land Development Code is hereby amended
accordingly. The herein described real property is the same for which the rezone is hereby
approved subject to the following conditions:
1. The petitioner shall reserve the east 100 feet of the property for future right-of-way for
the extension of Santa Barbara Boulevard. The property shall be dedicated to the County
upon their request in accordance with Section 2.7.2.8.1. and any other applicable sections
of the Land Development Code.
2. Upon dedication of the right-of-way to Collier County, the petitioner may be eligible to
receive impact fee credits.
3. Access to the proposed development shall be in accordance with the Policy for Access
Management for Arterial and Collector Roadways in Collier County, Resolution No. 92-
442, as it may be amended and per the Florida Department of Transportation
requirements.
._. 4. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity any historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
5. The petitioner shall submit an Environmental Impact Statement simultaneously with the
submittal of either a preliminary subdivision plat, minor subdivision or site development
plan, whichever occurs first, as required by Section 3.8.3. of the Collier County Land
Development Code.
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6. An appropriate portion of native vegetation shall be retained on site as required in Section
3.9.5.5.4. of the Collier County Land Development Code.
7. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on areas of retained native vegetation, shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site plan/construction
plan approval.
8. Development of the site shall incorporate a pedestrian interconnection between the
subject site and the Falling Waters Development to the south, aiong the site' s southern
boundary.
9. The required landscape buffer adjacent to the south and west property boundaries shall be
a minimum of sixty (60) feet wide and shall incorporate existing native vegetation to the
greatest extent possible. Where the landscape buffer abuts the adjacent property to the
west, Tract "E", the Cypress Preserve area, the required landscape buffer may be reduced
to thirty (30) feet. The landscape buffer adjacent to the western property boundary (other
than the area where a thirty (30) foot buffer is permitted) and the landscape buffer
adjacent to southern property boundary shall be developed with a three (3) foot high.
landscaped berm planted with trees a minimum often (10) to twelve (12) feet in height,
spaced no more than twenty-five (25) feet on center, and shall be eighty (80) percent
opaque within one (1) year. The top of this berm shall be developed with a six (6) foot
high masonry wail. The berm/wall combination shail be located as far from the property
line as reasonably possible while remaining totally within the sixty (60) foot wide buffer.
This wall and berm combination shall not be required where the landscape buffer abuts
the adjacent property to the west, Tract "E", the Cypress Preserve area.
10. The petitioner shall provide access to the site, at his own expense, by constructing a
temporary driveway to County standards, on the subject site within the east 100 feet of
the property. This driveway shall be constructed from the intersection of Davis Boulevard
along the site' s eastern property boundary and shall provide access to the property. Upon
the County' s request, the petitioner shall remove the driveway at his expense.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~3~/--- day of~_t.~~ 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER Y, FLORIDA -
~PRO~D AS TO FO~ ~ LEG~ S~IC~NCY
ASSIST~ CO~ A~O~Y
This ordinance f{~ec) with th~
O f~~k
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Exhibit A
R-98-08
ABELE PROPERTY REZONE DESCRIPTION BASED UPON WARRANTY
DEED RECORDED IN O.R. BOOK 174, PAGES 729 AND 730
NORTH 330 FEET OF THE EAST ONE-HALF 0i ~A) OF THE NORTHEAST ONE-
FOURTH (NE ¼) OF THE NORTHEAST ONE-FOURTH 0qE ¼) OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING 5 ACRES, MORE OR
LESS, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD
Exhibit B
R98-08
ABELE PROPERTY lIEZONE DESCRIPTION BASED UPON WARRANTY
DEED RECORDED IN O.R. BOOK 174, PAGES 729 AND 730
SOUTH 964.56 FEET OF THE EAST ONE-HALF (E %) OF THE NORTHEAST ONE-
FOURTH (NE ¼) OF THE NORTHEAST ONE-FOURTH (NE ¼) OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONTAINING 14.68 ACRES, MORE OR
LESS, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-19
Which was adopted by the Board of County Commissioners on the
23rd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 1st day of March, 1999.
Ex-officio to Boar~'i
County CommissionerS'
By: Ellie Hoffman,
Deputy Clerk